Can my brother kick me out of the house when all of us own it and there's no will? 6 Answers as of November 13, 2013

My brother does not own the house. We all own it because there was no will.

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Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
If you are an owner he can not kick you out. No will does not necessarily mean you are an owner.
Answer Applies to: New York
Replied: 11/13/2013
Dessy & Dessy, a Professional Corporation | Ronald D. Dessy
If there was no will, and no probate action was commenced to determine ownership, then the property is owned by the person who died without a will, until a probate court issues an order determining ownership. The first step in the probate action would be to appoint an executor of the estate, who would then be in control of the property, but whose decisions might be subject to court approval.
Answer Applies to: California
Replied: 11/13/2013
Gottlieb & Goren, P.C.
Gottlieb & Goren, P.C. | Aaron W. Goren
File a petition in Probate Court of the County where the owner lived. That will give you a Court proceeding to sort out everyone's rights.
Answer Applies to: Michigan
Replied: 11/13/2013
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
You "all" do not own it, without probate and assignment by the probate court, the estate of your last surviving parent owns it. Contact an attorney to short this out.
Answer Applies to: Michigan
Replied: 11/13/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
How many siblings own it and have a majority given the brother the authority to operate the house? I think that if there are more than 2 owners, you had best see a local attorney. It may be that the only way to take care of this is to go to court and force a sale of the property.
Answer Applies to: Idaho
Replied: 11/13/2013
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